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Kalaisamy Muthiah   05 June 2022

Amendment to religious trust deed

We formed a religious trust in the year 1994 for worshipping the Goddess Devi Karumari Amman. This Trust was registered with the Tamil Nadu Registration Department and the approval of the Commissioner of Income-tax was also obtained. The trustees of the governing body shall hold office for three years from the date of registration and may be renewed by the resolution of the governing body but the renewal was not done after the completion of three years till now. In the meantime, out of 14 trustees in the governing body, 6 trustees passed away due to aging. No activities were carried out by the Trust since its formation in 1994; no income and expense and hence no audit of accounts. Now the existing Trustees along with new members want to pursue the objectives of the Trust. For this purpose, can we continue the activities of the Trust and change the constitution of the governing body of the trust  with the existing Trust Deed created in 1994 or will it need an amendment to the existing Trust Deed of 1994 or shall we creat a new Trust? Please advise.



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 2 Replies

P. Venu (Advocate)     05 June 2022

Any suggestion depends upon the law under which the Trust has been registered. Anyhow, there could be no legal provision that prevents the trustees from correcting the mistakes and addreesing the shortcomings of the past.

Dr J C Vashista (Advocate)     06 June 2022

Show the Trust Deed to a local prudent lawyer for proper analyses of document, professional advise and necessary proceeding as the same can not be presumed and obliged by experts.


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